In the State of Illinois, accusations of domestic violence and abuse are taken extremely seriously by the courts. There are various steps victims of abuse can take to try to protect themselves and their children. An Order of Protection, commonly known as a restraining order, can be granted by the court to prohibit the alleged abuser from doing things such as physically going somewhere – in this case, their home. An Emergency Order of Protection is a specific type of protective order that can be granted almost immediately.
It is great that the local authorities will do whatever they
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Latest from Kane County Divorce Blog - Page 10
I Am Going to Be an Unmarried Father. Why Should I Establish Paternity?
When a married couple has children after they are legally wedded, their roles as parents are not typically called into question. If they later get divorced, their parenting rights and responsibilities are then divided up in the divorce settlement. If one parent violates the terms of the divorce settlement, the other parent will have ways to enforce the agreement.
If a child is born to unmarried parents, this can be more complicated. A single woman giving birth is automatically considered the child’s mother. However, the father of that child will need to prove that he is the father. If
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My Ex Stopped Paying Child Support. Is There Anything I Can Do?
When parents are going through a divorce, one of the many issues that need to be worked out in the divorce settlement is child support. Married parents are free to manage their family finances in private. Once they get divorced, however, the court has the authority to mandate which parent needs to pay what amount and when.
When there is a plan in place for child support payments, both parents can arrange their finances around this. They know how much money they can expect to pay or receive from the other and how regularly. If one parent decides
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As a Father in Illinois, Could My Parental Rights Be in Danger?
People used to assume that when a couple got divorced, most parental responsibilities would be granted to the mother. While the law varies by state, that is no longer the assumption. Today, these arrangements are based on many factors. If you are a father who is concerned that your spouse could get all or most parental responsibilities in a divorce settlement, an experienced Kane County, IL divorce lawyer can explain the process to you.
Parental Distribution of Responsibilities Has Changed over Time
Not so long ago, American society held some generally accepted views on gender roles in parenting. Fathers
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I Am Thinking About Divorce but Want to Send My Child to College
Often, when we think about parents going through a divorce, we imagine the couple trying to figure out how they will split custody, who will take the children to soccer practice or ballet class, and where the children will spend their holidays.
However, parents can decide to get a divorce at any stage in their life, and this can happen when a family has older children as well. A question that often comes up in Illinois divorce is how the child’s college education will be paid for if the parents are no longer acting as a unit. College expenses
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I Just Got Laid Off. Can I Stop Paying Child Support?
One thing that is certain in life is that nothing is certain. You can plan something based on how your life is now, and in five or ten years from now, you might find that your life is completely different. When you got married, you probably did not picture yourself one day getting a divorce. When you were in the middle of settling your divorce, you probably could not imagine how your life would look today.
Your child support agreement was most likely made based on your income back then. This agreement may no longer suit you if you
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Should Stay-At-Home-Parents Be Nervous about Divorce in Illinois?
When a married couple has children, they might find it difficult to juggle their work schedules and their household obligations. It can be tricky figuring out how to drop your children off at school, pick them up in the afternoon, and manage to get all your work done in between.
Some spouses might decide that one of them will take on more of the family’s financial responsibilities, while the other will handle more of the family’s other needs. This means that one parent can commit themselves to working hard and moving up in their career, or getting professional or educational
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Modifying Child Custody in Illinois When a Parent Wants to Move
Under Illinois divorce and family law statutes, when one parent seeks court approval to relocate a substantial distance away with a child after the divorce, the current custody order may need to be modified if the potential long-distance move could negatively impact your child’s interests.
Strict Formal Notification Requirements Apply
Illinois Compiled Statutes require the parent desiring to relocate provide formal advance written notice to the other parent of the intent to move with the child. This notice must be given at least 60 days prior to the anticipated relocation date. Serving advance notice gives the non-relocating parent time to
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Securing Fair Child Support When a Parent is Self-Employed in Illinois
When a self-employed parent gets divorced in Illinois, determining accurate income for purposes of calculating child support can be challenging. However, state laws contain provisions to protect custodial parents and ensure child support orders are fair and representative of a self-employed parent’s true earnings.
Courts Can Compel Tax Return Disclosure
Family law courts have the power to compel a self-employed parent to fully disclose recent years’ tax returns to paint an accurate picture of gross business income. Judges can also subpoena personal and business bank statements if questions or discrepancies arise regarding reported income and business revenues.
Watch for Hidden
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Alimony Myths – Getting the Facts Straight in Illinois
Alimony, also known as spousal maintenance or spousal support, is often misunderstood. There are many myths and misconceptions about how alimony works in Illinois. This article will debunk some common alimony myths and provide accurate information on Illinois alimony laws.
What is Alimony in Illinois?
Alimony is a court-ordered provision for a spouse after a divorce. It requires one spouse to provide financial support to the other for a determined amount of time. In Illinois, the court considers various factors in deciding alimony. These include income levels of both spouses, future employment prospects, and the marital lifestyle. Alimony aims to
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How Can I Get an Order of Protection in Kane County?
Making the decision to pursue an order of protection against your abuser is a big step that takes a lot of courage. Many survivors of domestic violence make multiple attempts to leave their relationship before successfully breaking free. If you obtain a protection order, your chances of staying free from further abuse are higher. A protection order can be instrumental to escaping. A common barrier to escape people who are experiencing domestic violence face is not having a place to go should they leave. A protection order can solve this problem by forcing your abuser to leave the home and
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What Factors are Considered in Illinois Alimony Determinations?
If you have spent most of your adult life as a homemaker, then worrying about how you will provide for yourself should not be a barrier to getting divorced. If you have reached a point where you no longer feel that your marriage is working out, you should have the same freedom a working person would have to leave. Unfortunately, practical financial circumstances sometimes work to keep people – especially women – trapped in a marriage they do not want to be in anymore. Illinois courts have long since recognized both the economic value of a homemaker spouse and the
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How Can Divorced Parents Plan for College Expenses?
Going to college right after high school is one of the most popular paths young people take today. College is no longer something reserved for only the best academic performers, but rather, something most white-collar employers expect. It can be challenging for any family to cover the complete cost of a college education. Between tuition, textbooks, and room and board, sending your child to college without having them incur student loans can be a challenge. If you and your spouse are getting divorced while your child is still in grade school, you may wonder whether your spouse will still contribute
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When Can Digital Evidence Play a Role in Divorce Proceedings?
In today’s digital age, we rely heavily on electronic devices and online platforms for communication, socializing, and storing personal information. As a result, digital evidence has become increasingly relevant in divorce proceedings. Whether this evidence consists of text messages, emails, social media posts, or location data from smartphones, electronic records can provide valuable information that may impact the outcome of a divorce case. Some ways that digital information can affect a divorce include:
Discovering Hidden Assets
Many people use online banking services or financial apps to manage their finances. By analyzing bank statements and transactions made through these platforms, it
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Does it Matter Who Files First in an Illinois Divorce?
When it comes to filing for divorce, many individuals wonder if there are any advantages or disadvantages to being the first one to file. While it may seem like filing first could provide certain advantages, the reality is that, in most cases, it does not significantly impact the outcome of the divorce proceedings. Illinois is a “no-fault” divorce state, which means that the reason why the divorce is taking place, or who filed first, does not typically play a major role in the resulting settlement. However, it is important to consider various factors and consult with a divorce attorney
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Can Children in Kane County Choose Which Parent to Live With?
When parents are getting a divorce or separating, one of the most contentious issues is often who will have more parenting time to spend with the children. Few parents are willing to give up any amount of time they could spend with their child in a shared custody arrangement. While Illinois has largely dispensed with the term “primary custody,” it does often work out so that one parent’s home is the child’s primary residence, while the other parent enjoys shorter amounts of parenting time. Determining which parent will have the children most of the time can be difficult for many
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